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Chinese cities have become more tolderant, but but conservative attitudes remain deeply engrained. Photograph: Per Lindgren/Rex Features
Chinese cities have become more tolderant, but but conservative attitudes remain deeply engrained. Photograph: Per Lindgren/Rex Features

Chinese court hears first lawsuit on gay workplace discrimination

This article is more than 9 years old
Action heard in Shenzhen after ‘Mu Yi’ fired from job as designer when video of him arguing with another gay man posted online

A Chinese court has heard what is believed to be the country’s first lawsuit over gay workplace discrimination.

The plaintiff was fired after he was revealed as gay in a viral online video, and his action was heard last week in the southern city of Shenzhen.

“We’re very optimistic,” Liu Xiaohu, a lawyer for the plaintiff, said, adding that the case would definitely have an impact on views of gay rights in China.

The Communist government only decriminalised homosexuality in 1997, and listed it as a mental illness for another four years.

More recently tolerance has grown in larger Chinese cities, but conservative attitudes remain deeply engrained and workplace discrimination against gay men and lesbians is common.

The Shenzhen case was filed in November by a man using the pseudonym Mu Yi. It is the first of its kind in the country, according to the China office of rights group Pflag.

Mu was filmed by police in October arguing with another gay man on a Shenzhen street. The video went viral soon after it was posted online, with some users making their own videos playing on a speech made by the other participant in the dispute, who was wearing a “little red hat”.

A week later, Mu was fired from his job as a designer. He sued in November.

The employer maintains that Mu’s firing was not linked to his sexual orientation, and says it dismissed him for reasons including his “poor service attitude” and improper attire.

Mu is seeking an apology as well as 50,000 yuan (£5,400) in compensation.

A decision on the lawsuit – which has become known as the “little red hat” case – is expected within the next three months.

More on this story

More on this story

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  • China court refuses to allow gay marriage in landmark case

  • Chinese hospitals still offering gay 'cure' therapy, film reveals

  • What is the Chinese media doing right for LGBT people?

  • China bans depictions of gay people on television

  • Chinese court rules ‘gay cure’ treatments illegal

  • Court hears China's first transgender discrimination case

  • China approves cinema release of first film about gay relationship

  • China court hears case against gay-straight 'conversion therapy'

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